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Reply with quote  #1 

What is joint physical care?

 

Joint physical care is when both parents share physical placement of the child(ren). Simply defined, joint physical care allows the child(ren) to live with each parent 50% of the time during the year.  Research has shown that child(ren) need equal access to both parents and joint physical care accomplishes this challenge.  Parenting schedules are established to determine when each parent has the child(ren) living with them.  The most frequent joint physical care schedule is one week at moms, the next week at dads, and holidays are usually alternated. The State of Iowa, allows parents to determine what parenting schedule best meets the needs of their child(ren). Joint physical care is established in Iowa Statute 598.41(5)(a).


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
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Currently there are Four State's that have accepted Joint physical care and a total of 17 States that believe that joint care is in the best interest of the child.  But as always Iowa seems to be lagging behind. We have the opportunity to fix it before we become the last state to get there. but how many children have to suffer before this gets fixed?

 

B.J.

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Why Things are different now.

 

"The presumption comes from an era when fathers were wage earners and mothers were given presumptions in favor of custody and stayed home with children. The divorced family of today generally does not fit that stereotype. Rather, both parents are employed outside the home in demanding jobs that limit the available time they have to spend with their children. This makes it difficult for a single parent with custody of a number of children to give all the children the individual parental attention each child needs and deserves."

 

No. 95-0740. Court of Appeals of Iowa. Feb. 28, 1996.


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A great resource...

 

http://www.jointphysicalcare.info/ 


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
johnzehms

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Reply with quote  #5 

How do I get involved in Iowa, trying to get this changed, and taken more seriously?


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Reply with quote  #6 

Quote:
How do I get involved in Iowa, trying to get this changed, and taken more seriously?

 

We need members to actively participate in meetings, contacting legislators, fund raising, lobbying, marketing, judicial retention, and writing new proposed legislation.

 

IowaFathers.com has a weekly Tuesday night meeting from 6:00 p.m. to 8:00 p.m. at Nazareth Evangelical Lutheran Church, 7401 University Avenue, Room 160, Cedar Falls, IA, 50613 (corner of University Ave & Main Street). I encourage you to attend our weekly meeting whenever possible!


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IowaFathers
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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
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Reply with quote  #7 

I haven't seen this video, (I plan to see early next week) but it sounds terrific!

 

Check out http://www.dadsmakeadifference.com

 

Made right here in Iowa, too!


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Reply with quote  #8 

Joint Physical Care only makes sense. Level the field = the conflicts subside.

 

Anyone who can't see that is, well, at the end of the internet or something.

 

'nuff said. 4 now.

 

 


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"All great questions must be raised by great voices, and the greatest voice is the voice of the people - speaking out - in prose, or painting or poetry or music; speaking out - in homes and halls, streets and farms, courts and cafes - let that voice speak and the stillness you hear will be the gratitude of mankind." - Robert Kennedy Jan 22, 1963
dsm1kkg

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Reply with quote  #9 
I would recommend that you write your state legislative representatives and the governor; that's what I did. See my letter below; I have already received an encouraging reply from one of my representatives, Larry Noble.

I encourage you to support any legislation that directs courts to award joint physical custody unless extenuating circumstances exist. Joint physical custody would promote the active involvement of both parents in their children’s lives and reduce the risk of parental alienation, which causes great emotional devastation in both the children’s and the alienated parent’s life. When there is a non-custodial parent who is just allowed visitation (which can very easily be denied), all of the power is in the hands of the custodial parent. And if they wish to abuse that power, the non-custodial parent is really powerless to impact the lives of his/her own children

Joint physical custody would promote the active involvement of both parents in their children’s lives and reduce the risk of parental alienation. Parental Alienation Syndrome is real—below is my story.

My story begins the day I married my husband because that is the day that the alienation of my husband’s children began in earnest by my husband’s ex-wife. It’s interesting to me that she is the one who wasn’t satisfied and filed for divorce; she didn’t want him, yet she went on the warpath when he found someone else and was happy.

The alienation was subtle, but it had devastating effects on his relationship with his teenage children. His ex began by scheduling other activities (using the educational best interests slant) on his visitation weekends. He thought he was being sensitive and accommodating by allowing his children to participate in these activities; he didn’t want to force them to visit. He soon found out that he wouldn’t get makeup weekends and the conflicts with visitation just increased. Whenever we would make some progress in visitation, his ex would pull a stunt to set it back. The holiday and spring break visitations specified in the decree were ignored and she claimed the children were of an age that they could decide for themselves about visitations. Soon there weren’t any excuses; the kids just refused to visit.

His ex withheld school and medical information—even school pictures. Even when he did get the information through the school or physician, his input wasn’t even considered on decisions concerning the children. Then his ex would turn around and accuse him of not being concerned and involved in his children’s lives. Anytime my husband disagreed with a decision, she told the children he was mean or he wasn’t supportive; if he refused to pay additional money above child support, he was selfish and didn’t put his children first.

My husband meanwhile continued to pay child support even though he never saw his children. He paid his share of their medical bills—even though he was left out of the health care decisions. (And this was after we caught her sending fraudulent and inflated bills.) You may ask why? Because my husband loves his children and wanted them to have what they needed—even though they had turned their backs on him.

The story ends with his son graduating from high school this year; my husband didn’t even receive a graduation announcement. We sent a card and we will attend the graduation service, but it is just another hurtful blow to my husband. He has given up hope that his children will ever return to him. Nevertheless, we will continue to send cards and leave messages in the hopes that someday, they will break free of the control their mother has on them and come to realize their father loves them. Until then, my husband mourns their loss in his lives.

 

ashleyjohn

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Reply with quote  #10 
Under Joint physical Care, both parents get the rights and responsibilities of the child. This includes shared parenting time and routine care. Neither parent have superior rights.
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